Salimoddin Gyasoddin v. State Of Mah. Thr. Pso Hiwarkhed Dist.Akola

1 aba330.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION [ABA] NO.330 OF 2021 [Salimoddin Gyasoddin .vs. State of Maharashtra, through PSO, Hiwarkhed, DistrictAkola] ------------------------------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------------------------------ Shri M.N. Ali, Advocate for Applicant, Shri S.D. Sirpurkar, APP for Non-Applicant.

..........

CORAM : N.B. SURYAWANSHI, J.

DATED : JUNE 16, 2021.

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

The applicant apprehends his arrest in Crime No.176/2021 registered with Hiwarkhed Police Station, District-Akola for offences punishable under Section 11 (1) (e) & (f) of the Prevention of Cruelty to Animals Act, 1960 and under Section 5 (a), 9, 9 (a) of the Maharashtra Animal Preservation Act, 1976. 3.

It is the case of the prosecution that on secret information vehicle bearing no.MH-30/AB-3867 was intercepted which was owned by Maqsud Kha Yakub Kha and he was driving the same. The vehicle was transporting three bullocks. On enquiry, he disclosed that the owner of the three bullocks was the present applicant and at his instance, the bullocks were being transported. The vehicle and the bullocks were seized by the police on registration of the offence.

2 aba330.21 4.

Heard the learned Advocate for the applicant and the learned APP for the non-applicant. Perused the case diary.

5.

The applicant claims to be an agriculturist and for that purpose, he was transporting the bullocks to his village. The investigation papers do not anywhere indicate material to show that the bullocks were being transported for the purpose of slaughtering. In that view of the matter, the custodial detention of the applicant is not necessary in the present case. By imposing suitable conditions, the applicant can be directed to cooperate in the investigation. Hence, the following order :

(I) Criminal Application is allowed.

(ii) In the event of arrest of the applicant in connection with Crime No.176/2021 registered with Hiwarkhed Police Station, District-Akola, the applicant be released on bail on his executing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount.

(iii) The applicant shall attend the concerned Police Station on 23rd, 24th and 25th of June, 2021 between 10.00 am to 2.00 pm and cooperate in the investigation.

JUDGE Gulande